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Other Acts Case Analysis

The decision in this case will be difficult for the State to distinguish in future cases. Consider two ends of a spectrum. On one end, a police officer is sued, successfully, in a Section 1983 action that alleged false arrest. ...

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Court allows 'other acts' evidence

What the court held Case: State of Wisconsin v. Walter T. Missouri, No. 2005AP1486-CR. Issue: Where a defendant claims that the arresting officer assaulted him, and planted cocaine in his mouth, should he be able to present testimony of other ...

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Case raises civil Gideon issue

“We just raised the amount we’re spending on tourism promotion, from $13 to $15 million per year. Is tourism really more important than fairness in the courts?” John Ebbott, Legal Action of Wisconsin Inc. Over 40 years ago, the U.S. ...

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Bankruptcy Case Analysis

On its face, the decision appears to create a conflict in the circuits, providing better protection for creditors in the Seventh Circuit than elsewhere in the nation, but the distinction is largely procedural rather than substantive. The court did refuse ...

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Computers Case Analysis

The court acknowledges at one point that it cannot “stretch[] the statute too far (especially since it provides criminal as well as civil sanctions for its violation).” The statute provides for imprisonment of up to 10 years (20 for repeat ...

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Deleting data violates law

What the court held Case: International Airport Centers, L.L.C., v. Citrin, No. 05-1522. Issue: Does an employee violate the Computer Fraud and Abuse Act by erasing all the data from a laptop loaned to him by his employer? Holding: Yes. ...

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Survey indicates new law punishes debtors

The National Association of Consumer Bankruptcy Attorneys (NACBA) recently released a survey, entitled “Bankruptcy Reform’s Impact: Where are all the ‘Deadbeats’?”, that showed the bankruptcy reform act that took effect Oct. 17 isn’t doing what proponents purported it would, rather ...

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Court system reviews caseload data

Like most goals worth pursuing, this one is requiring a group of mostly judges to roll up their sleeves and get to work. The goal is to obtain additional judicial officers for Wisconsin. The work is collecting and analyzing data ...

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The five biggest marketing mistakes

Each year, law firms start out with the best of marketing intentions. But too often, they’re tripped up by common mistakes. Whether it’s wasting money on the wrong marketing events or hamstringing their in-house marketing professionals, the best and brightest ...

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Discrimination Case Analysis

Although the Seventh Circuit has used the same now-verboten language employed by the Eleventh Circuit in the case at bar, it does not appear that the decision actually changes the substantive law in the Seventh Circuit. In Millbrook v. IBP, ...

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Frivolous lawsuit bill moves forward

A bill designed to toughen the civil justice system’s treatment of frivolous lawsuits is winding through the Wisconsin Legislature and may very well end up on Gov. Jim Doyle’s desk in just a few weeks. While some characterize the bill ...

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Appeal Case Analysis

Defense attorneys need to be aware of this case, lest what seems like a reasonable solution — alternative orders depending on the result of a pending appellate decision in another case — become a trap for the unwary. Many Wisconsin ...

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Discussion of med mal caps intensifies

Legislator prepares cap bill A state legislator is getting ready to introduce legislation that would reestablish caps for noneconomic damages in medical malpractice cases. The governor vetoed an earlier attempt to put caps back in place after the Supreme Court ...

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Escrow Case Analysis

Although one would hope that facts such as these never repeat themselves, and the case will never be cited as directly applicable precedent; nevertheless, the case is valuable as the first published Wisconsin case discussing the duties of escrow agents ...

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Escrow agent lacks duty

What the court held Case: Black v. Metro Title, Inc., No. 2005AP1423. Issue: Does an escrow agent owe a duty to an incidental beneficiary? Holdings: No. An escrow agent is an agent and fiduciary of only the parties to the ...

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OWI Case Analysis

An important question the decision leaves unanswered is whether a defendant could be convicted of operating while intoxicated if, although he never drives the vehicle or starts the engine, he does place the key into the ignition. In an unpublished ...

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Court launches site with appeal

Attorneys can use the court system’s Wisconsin Supreme Court and Court of Appeals Access (WSCCA) Web site to track appellate cases as they move through the system. Visit the Web site. The Wisconsin court system has just made it easier ...

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Disparity Case Analysis

It is important to note that, although a district court’s refusal to impose a sentence below the guidelines because of disparity between co-defendants is not grounds for reversal on appeal, it is possible that defendants can still contend in the ...

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Sentence does not indicate disparity

What the court held Case: U.S. v. Boscarino, No. 05-2657 Issue: Is disparity between co-defendants’ sentences grounds for finding the sentence unreasonable, where the disparity resulted from one defendant’s cooperation with the government? Holdings: No. A sentence within a properly ...

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